News Roundup (December 19, 2014)
Jeff Welty
This will be the last blog post of 2014. It is also a full and interesting post — if I do say so myself — as it has been quite a busy news week, from the Supreme Court on down.
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December 19, 2014
This will be the last blog post of 2014. It is also a full and interesting post — if I do say so myself — as it has been quite a busy news week, from the Supreme Court on down.
READ POST "News Roundup (December 19, 2014)"December 12, 2014
The nation and the state continue to discuss events in Ferguson, Missouri and in Staten Island, New York. One direct impact of the controversy in North Carolina is that the Legislative Black Caucus plans to introduce legislation in the 2015 session that would require law enforcement officers to wear body cameras, according to this WRAL story. The details of the proposal are not yet clear.
READ POST "News Roundup (December 12, 2014)"December 8, 2014
Now that I have your attention . . . .
Ever wonder what happens to those case summaries that you receive from me by email? (If you’re not getting them you’re not on my listserv; sign up for free here). I sort them by subject and add them to my Criminal Case Compendium, an online, fully searchable resource. The Compendium, now a whopping 514 pages long, turned six years old this month. [Editor’s note: Actually, last month — I was a little slow in getting this post up!] In honor of the Compendium’s birthday, here’s quick primer on using this free legal research tool.
READ POST "Free Legal Research (December 8, 2014)"December 5, 2014
Several grand juries have recently considered whether to charge white police officers with killing black men. We’ve already discussed the case in Ferguson, Missouri on this blog. Wednesday, a Staten Island, New York grand jury declined to indict officer Daniel Pantaleo in the death of Eric Garner. The New York Times has the story here. Then a South Carolina grand jury indicted officer Richard Combs for murder in the fatal shooting of Bernard Bailey, as Time reports here. Is it a small sample? A historic moment? A coincidence? An epidemic? Some or all of the above, depending on your point of view.
READ POST "News Roundup (December 5, 2014)"December 4, 2014
Have you ever been convicted of or pleaded nolo contendere (no contest) to any violation of the law other than minor traffic tickets?
Millions of people, many of whom were convicted of petty crimes, must answer this question (a favorite of employers) in the affirmative. Indeed, the Wall Street Journal reported in a recent article on the processing of misdemeanor crimes that nearly 1 in 3 Americans has a criminal record. While those records are based on arrests, not convictions, a substantial percentage of people charged with misdemeanor offenses are convicted. North Carolina’s district courts, for example, disposed of more than 450,000 misdemeanor (non-traffic) criminal cases in the 2013-2014 fiscal year. A third of those cases resulted in convictions.
READ POST "Assembly Line Justice (December 4, 2014)"November 26, 2014
Short week, short news roundup. National attention remains focused on Ferguson, Missouri, where attorneys for Michael Brown’s family have weighed in on the prosecutor’s handling of the grand jury proceedings concerning Brown’s shooting. The attorneys “criticized everything from the types of evidence . . . presented to the jury to the way it was presented and the timing of the grand jury’s decision,” according to this story on WRAL. There were several Ferguson-related protests locally, including one that blocked a freeway in Durham. Opinion is certainly divided about the prosecutor’s management of the process, as this Think Progress story notes.
READ POST "News Roundup (November 26, 2014)"November 24, 2014
Emily Coward and I are glad to share a new resource with you: a reference manual entitled Raising Issues of Race in North Carolina Criminal Cases. If you are a person who likes to have a hard copy on the shelf, you can buy it here. Like our other manuals, it is available for free online at http://defendermanuals.sog.unc.edu. (The electronic platform has been retooled, and I think you will find that it has a nice look and is user-friendly.)
READ POST "A New Addition to the School of Government’s Indigent Defense Manual Series (November 24, 2014)"November 21, 2014
I love highlighting my colleagues’ great work on the blog. Shea already announced her new book this week, but also check out Jessie Smith’s interview on WUNC, talking about the backlog at the State Crime Lab and the practical solutions a working group identified. And take a look at the new electronic platform for all the manuals produced by the School’s Indigent Defense Education group. As a teaser, next week, the blog will feature a newly-released manual that is available on the platform.
READ POST "News Roundup (November 21, 2014)"November 14, 2014
It might not seem like a sexy story, but in terms of practical impact, the rollout of a new system for handling certain traffic cases in Forsyth County is a big deal. The Winston-Salem Journal has the story here. The super condensed version is that the new system is for people who have been charged with infractions that the State would normally dismiss upon proof of compliance, like expired tags or no operator’s license. These defendants can scan their citations and the paperwork proving that they’ve addressed the problem, the DA’s office can review the submissions, and if appropriate, the DA’s office will dismiss the charges. If you have experience with the system, please post a comment.
READ POST "News Roundup (November 14, 2014)"November 7, 2014
Shea blogged here about the same-sex marriage rulings in North Carolina’s federal courts, and the potential criminal law and other issues those rulings present for North Carolina magistrates. There have been a bevy of developments since, including a decision by the Sixth Circuit upholding a ban on same-sex marriage, apparently teeing the issue up for the Supreme Court, and a dispute between Senator Phil Berger and the Administrative Office of the Courts about whether magistrates may refuse to perform same-sex marriages based on sincerely-held religious beliefs. WRAL covers the latter story, including a link to the latest AOC letter on the issue, here. I also recommend my colleague Michael Crowell’s detailed exploration of the issue, here. But that’s far from the only big story of the week.
READ POST "News Roundup (November 7, 2014)"